Revolutionary War Pension and Bounty Land Warrant Application File S. 9860, Peter Faling, New York

SERVICE
NUMBER
New York
Faling, Peter Failing
8.9860
carded
CONTENTS
[Ruled lines for entry]
[Ruled lines for entry]
V
5
W

The Pension papers of Peter Tailing
No 31.015
Stephen A. Daggett Agent Cheyenne W.Y.

State of New York
County of Schenectady
On this twenty-second day of January in the year of our Lord one thousand eight hundred and thirtyfour personally appeared in Open Court before the Judges of the Court of Common Pleas in and for said County of Schenectady now sitting Peter Failing a resident of the second ward of the City of Schenectady in said County Age about seventy one years and upwards and who being first duly sworn according to Law doth on his Oath make the following Declaration in order to obtain the benefit of the act of Congress passed June 7 th 1832.
That he was born in the Town of Halfmoon in the County of Saratoga and State of New York in the now Town of Clifton Park in the County aforesaid in the year 1763. That he resided in said Town of Halfmoon until the year 1801, when he went to reside in the City of Schenectady and lived there until the year 1808, when he again removed to Halfmoon aforesaid and resided there until the year 1818, since which time he has resided in the first and second wards of the City of Schenectady.
When he was called into the service of the United States he resided in the Town of Halfmoon aforesaid.
He entered the service of the United States under the following named officers and served as herein stated.
That in the year 1775, he was enrolled as a Militia man and was a private in the Company whereof Captain Fisher was Captain and Cornelius Failing who was an Uncle to this deponent was Lieutenant and Colonel Van Schoonoven commanded the Regiment.
And this deponent further says that in the year 1776, he was called out in actual duty as a soldier in said Company and was marched to Fort George and continued on duty as such private soldier for one half month. This was in the fall of the year in November that this deponent was then Honorably discharged. Captain Hicks had command of the Company that was marched to the Fort.
2 mo.

-13- And this deponent further says that in the year 1777. in the month of September, he this deponent was again called out on duty as a private soldier as aforesaid and was marched from Clifton Park or Halfmoon aforesaid to Stillwater in the Company of Captain Nanning Fisher aforesaid and continued to do duty as a soldier faithfully for one month when he was Honorably discharged he had no discharge in writing. —
1 mo And this deponent further says that in the year 1777. This deponent was called out on duty as such soldier as aforesaid and was marched in the month of October from Halfmoon to Fort Edward whence he continued to do duty for three weeks The Company at this time was under the command of Captain Hicks at the expiration of which time this deponent was Honorably discharged and permitted to return home he had no discharge in writing. —
21 days And this deponent further says that in the year 1777. he was again called out on like duty as such soldier as aforesaid and was marched in the month of November from Halfmoon to Beemish Height by way of Waterford and the Sprout and continued to do duty faithfully as a soldier for the term of three weeks when at the expiration thereof he was again discharged and permitted to return home he had no discharge in writing.
And this deponent further says that on the first of August in the year 1778. he was again called into the service of the United States in said war by a draft and that Captain Hicks had the command of the Company and Lieutenant Failing that the Company was marched from Halfmoon so called to Stone Arabia and that this deponent together with the Company to which he then was attached and in the Regiment under the command of one Fonda continued to do duty faithfully for the term of one month and a half and was constantly either

1 mo. 15
on guard or in the Garrison or on scouts until the latter part of September of the same year making the full period of one month and a half when deponent was Honorably discharged he had no written discharge nor did he ever obtain a discharge in writing.
And this deponent further says that in the month of December in the year 1778. he was called out again in the company of Captain Fisher and was marched to Ballston that this expedition which was spent in pursuit of Tories and the Enemy continued from the time deponent left Halfmoon until the full term of one half month when he was Honorably discharged he had no discharge in writing.
1 mo. 15
And this deponent further says that in the year 1779. in June he was again called out on duty as a like soldier as aforesaid and was marched from Halfmoon to Palatine where he continued to do duty for two weeks when he was again discharged and permitted to return home he had no discharge in writing. - And this deponent further says that in the month of September A.D. 1779.
14 days
he was again called out on duty as a private soldier and was marched from Halfmoon to Schoharie where he continued to do duty as a soldier at the Fort in that place for three weeks that at the expiration whereof he was discharged and returned home that Corneliusailing had the command of the company this time This deponent had no written discharge.
21 days
7. 12
And that subsequent thereto in the month of October 1779. he did like duty at the same place under Captain Hicks

7. 12 for one half month he had no discharge in writing but was Honorably discharged.
And this deponent further says that in the first part of the month of May 1780. This deponent was again called out on like duty as a soldier as aforesaid that he was marched from Halfmoon to Fort Stanyx under the command of Lieutenant Corneliusailing and that at the fort he was attached to a company commanded by one Peter Vailin that he continued to do duty until the latter part of June making one month and a half of actual duty when he was discharged he had no written discharge
And this deponent further says that in the month of August 1780. he was again called out on duty as a like soldier as aforesaid and was marched from Halfmoon to Johnstown under the command of Lieutenant Corneliusailing the period which this deponent continued on duty as a soldier this time was one half month at the expiration whereof deponent was discharged
and permitted to return home. And this deponent further says that the foregoing services amounting in the aggregate to seven months and a half or a little more were performed by this deponent as above specified and that he claims a pension for the same and this deponent further says that during the Revolutionary war he was often engaged in other services in the United States Army such as going on express and warning men to go on military exploits and going as a waggon master so called once he went from Clifton Park to Boston with a baggage waggon and deponent verily believes that he has done full six months services not hereinbefore detailed and this deponent further says that he has no other proof of his services except his own declaration and on the truth of that he asks a pension as above and which will be gratefully received from the Honorable the war department of the United States.

THE FOLLOWING are the names of some of the regular officers whom he knew, or who were with the troops where he served, and such continental and militia regiments or companies with which he served, or as he can recollect, viz :
Cornelius Failing Lieutenant Captain Hicks Major Wemple Major Swift John Mundy Gen. Schuyler Gen. Clinton Col. Van Rensselaer And some of the above used occasionally to be at his Uncle's Cornelius Failing .
He never received any written discharge from the service.
He has no _____ documentary evidence, and knows of no person whose testimony he can procure who can testify to his services _____
The following are the names of persons to whom he is known in his present neighborhood, and who can testify as to his character for veracity, and their belief of his services as a soldier of the revolution, to wit Rev Abijah Peck John Fisher John Thompson
He hereby relinquishes every claim whatever, to a pension or annuity except the present, and declares that his name is not on the pension roll of the agency of any State.
Subscribed and sworn to the } day and year first aforesaid }
In open court
John S. Wooman Clerk. Peter Faling

WE John Buchanan residing in the city of Schenectady in the county of Schenectady aforesaid, and John Thompson residing in the city of Schenectady in said county do hereby certify that we are well acquainted with Peter Hailing who has subscribed and sworn to the above declaration; that we believe him to be seventy one years of age; that he is reputed and believed, in the neighborhood where he resides, to have been a soldier of the revolution, and that we concur in that opinion.
Subscribed and sworn the { day and year aforesaid} John S. Wooman Clerk. John Buchanan John Thompson
AND THE SAID COURT do hereby declare their opinion after the investigation of the matter; and after putting the interrogatories prescribed by the war department, that the above named applicant was a revolutionary soldier, and served as he states. And the court further certifies, that it appears to them
That John Buchanan and John Thompson above sworn are
credible persons and that their statement is entitled to credit.
I John S. Wooman Clerk of the Court of Common Pleas, in and for the county of Schenectady do hereby certify, that the foregoing contains the original proceedings of the said Court in the matter of the application of Peter Hailing for a pension.
In testimony whereof I have hereunto set my hand and seal of office, this Twenty fourth day of January in the year of our Lord one thousand eight hundred and thirty- four
John S. Wooman Clerk.

I John S. Vrooman the Clerk of the Court of Common Pleas of the County of Schenectady aforesaid do hereby certify that I am well acquainted with John Thompson and John Buchanan who have signed and swore to the foregoing deposition and that they and each of them are men of the highest respectability and that they are men of truth and veracity and that their statement is entitled to the highest credit. —
Given under my hand at Schenectady April 9 th 1834. —
John S. Vrooman Clerk.

31 0 15
Phw Hailing
Scimitar Private 6mo & 11 days
Stephen A. Daggett Esq. Schuylkill day New York

WAR DEPARTMENT,
Pension Office,
May 28. 1834
Sir:
The evidence in support of your claim, under the act of June 7, 1832, has been examined, and the papers are herewith returned. The following is a statement of your case in a tabular form. On comparing these papers with the following rules, and the subjjoined notes, you will readily perceive that objections exist, which must be removed, before a pension can be allowed. The notes and the regulations will shew what is necessary to be done. Those points to which your attention is more particularly directed, you will find marked in the margin with a brace, (thus: { ). You will, when you return your papers to this Department, send this printed letter with them; and you will, by complying with this request, greatly facilitate the investigation of your claim.
A Statement, shewing the Service of Peter Huling
   Period when the service was performed. Duration of the claimant's service Rank of the claimant. Names and rank of the Field officers under whom he served. Age at present, and place of abode when he entered the service. Proof by which the declaration is supported.   Years. Months. Days.     1776 15 Private Capt Fisher   1777 1 " "   21 " Capt Hicks   21 " "   1778 + 1 15 " "   15 " Capt Fisher   1779 14 " "   21 " "   + 1 15 " "   15 " "  
8 2 1 18  9 20
I am, respectfully,
Your obedient servant,
JAMES L. EDWARDS, Commissioner of Pensions.
+ There is no evidence in the Department that these tours exceeded twenty-one days in any instance Some proof is required to sustain that part of the claim

REGULATIONS UNDER THE ACT OF JUNE 7, 1832.
The following regulations have been adopted:
This law has been construed to extend, as well to the line, as to every branch of the Staff of the Army, and to include under the terms "Continental Line," "State troops," "militia," and "volunteers," all persons enlisted, drafted, or who volunteered and who were bound to military service, but not those who were occasionally employed with the army upon civil contracts, such as Clerks to Commissaries and to Store Keepers, &c., Teamsters, Boatmen, &c. Persons who served on board of private armed vessels are also excluded from the benefits of the law, as well as persons who turned out as patrols, or were engaged in guarding particular places at night, and were not recognized as being in actual military service.
Four general classes of cases are embraced in this law:
 1. The Regular Troops.  2. The State Troops, Militia, and Volunteers.  3. Persons employed in the Naval Service.  4. Indian Spies. 
As rolls of the regular troops in the Revolutionary War exist in this Department, all persons claiming the benefit of this law as officers, non-commissioned officers, musicians or privates, will, in the first instance, make application by transmitting the following declaration, which will be made before a Court of Record of the County where such applicant resides. And every Court having by law a seal and Clerk is considered a Court of Record.
DECLARATION,
In order to obtain the benefit of the Act of Congress of the 7th of June, 1832.
State, Territory, or District of } ss. County of }
On this day of personally appeared (a) before A. B. a resident (b) of in the county of and State, Territory or District of aged (c) years, who being first duly sworn, according to law, doth on his oath make the following declaration, in order to obtain the benefit of the provision made by the act of Congress, passed June 7th, 1832. That he enlisted in the Army of the United States in the year (d) , with and served in the (e) regiment of the line, under the following named officers :
[Here set forth the names and rank of the Field and Company Officers ; the time he left the service ; (and if he served under more than one term of enlistment, he must specify the particular period, and rank and names of his officers ;) the town or county or State in which he resided when he entered the service ; the battles, if any, in which he was engaged, and the country through which he marched. [This form is to be varied so as to apply to the cases of officers and persons who belonged to the militia, volunteers, navy, &c.]
He hereby relinquishes every claim (f) whatever to a pension or an annuity, except the present, and he declares that his name is not on the Pension Roll of any Agency in any State, or (if any) only on that of the Agency in the State of
Sworn to and subscribed the day and year aforesaid.
A. B.
[And then will follow the certificate of the Court.]
And the said Court do hereby declare their opinion (g) that the above named applicant was a revolutionary soldier, and served as he states.
I of the Court of do hereby certify (h) that the foregoing contains the original proceedings of the said Court in the matter of the application of for a pension.
In testimony whereof, I have hereunto set my hand and seal of office (i) this day of &c.
If, on examination of the proper record, the names of applicants, making such declaration, cannot be found, they will produce such proof as the rule given in note (j) points out.
Every applicant who claims a pension by virtue of service in the State Troops, Volunteers or Militia, except those who belonged to the New Hampshire Militia and State Troops of Virginia, will make and subscribe a declaration similar to the foregoing, with the following additions, viz:
(k) We, A. B., a Clergyman, residing in the and C. D. residing in (the same) hereby certify, that we are well acquainted with , who has subscribed and sworn to the above declaration; that we believe him to be years of age; that he is reputed and believed, in the neighborhood where he resides, to have been a soldier of the Revolution, and that we concur in that opinion.
Sworn and subscribed the days and year aforesaid.
[And then will follow the certificate of the Court.]
And the said Court do hereby declare their opinion, after the investigation of the matter, and after putting the interrogatories prescribed by the War Department, that the above named applicant was a Revolutionary Soldier, and served as he states. And the Court further certifies, that it appears to them that A. B. who has signed the preceding certificate is a clergyman, resident in the and that C. D., who has also signed the same is a resident in the and is a credible person, and that their statement is entitled to credit.
I, Clerk of the Court of do hereby certify that the foregoing contains the original proceedings of the said Court, in the matter of the application of for a pension.
In testimony whereof, I have hereunto set my hand and seal of office, this day of &c.
Every applicant will produce the best proof in his power. This is the original discharge or commission; but if neither of these can be obtained, the party will so state under oath, and will then procure, if possible, the testimony of at least one credible witness, stating in detail his personal knowledge of the services of the applicant, and such circumstances connected therewith, as may have a tendency to throw light upon the transaction.
If such surviving witness cannot be found, the applicant will so state in his declaration, (l) and he will also, whether he produce such evidence or not, proceed to relate all the material facts, which can be useful in the investigation of his claim, and in the comparison of his narrative with the events of the period of his

alleged service, as they are known at the Department. A very full account of the services of each person will be indispensable to a favorable action upon his case. The facts stated will afford one of the principal means of corroborating the declaration of the applicant, if true, or of detecting the imposition, if one be attempted; and unless, therefore, these are amply and clearly set forth, no favorable decision can be expected. All applicants will appear before some Court of Record in the County in which they reside, and there subscribe and be sworn to, one of the declarations above provided, according to the nature of his case.
The Court will propound the following ( m ) interrogatories to all applicants for a pension, on account of service in the Militia, State troops, or Volunteers, except the Militia of New Hampshire and the State troops of Virginia.
 1. Where and in what year were you born?  2. Have you any record of your age, and if so, where is it?  3. Where were you living when called into service; where have you lived since the Revolutionary war, and where do you now live?  4. How were you called into service; were you drafted, did you volunteer, or were you a substitute? And if a substitute, for whom?  5. State the names of some of the Regular Officers, who were with the troops, where you served; such Continental and Militia Regiments as you can recollect, and the general circumstances of your services. 
 6. { To a Soldier. { Did you ever receive a discharge from the service, and if so, by whom was it given, and what has become of it? To an Officer. { Did you ever receive a commission, and if so, by whom was it signed, and what has become of it? 
 7. State the names of persons to whom you are known in your present neighborhood, and who can testify as to your character for veracity, and their belief of your services as a soldier of the Revolution. 
The Court will see that the answers to these questions are embodied in the declaration, and they are requested to annex their opinions of the truth of the statement of the applicant.
The applicant will further produce in Court, if the same can be done, in the opinion of the Court, without too much expense and inconvenience to him, two respectable persons—one of whom should be the nearest clergyman, if one lives in the immediate vicinity of such applicant, who can testify, from their acquaintance with him, that they believe he is of the age he represents, and that he is reputed and believed in the neighborhood to have been a Revolutionary soldier, and that they concur in that opinion. If one of these persons is a Clergyman, the Court will so certify, and they will also certify to the character and standing of other persons giving such certificates.
The traditional evidence of service is deemed very important, in the absence of any direct proof, except the declaration of the party. And the Courts are requested to be very particular in the inquiry whether the belief is general, and whether any doubts have ever existed upon the subject.
Applicants unable to appear in Court, by reason of bodily infirmity, may make the declaration before required, and submit to the examination, before a Judge or Justice of a Court of Record of the proper county, and the Judge or Justice will execute the duties, which the Court is herein requested to perform, and will also certify that the applicant cannot, from bodily infirmity, attend the Court.
Whenever any official act is required to be done by a Judge or Justice of a Court of Record, or by a Justice of the Peace, the certificate of the Secretary of State or Territory, or of the proper Clerk of the Court or County, under his seal of office, will be annexed, stating that such person is a Judge or Justice of a Court of Record, or a Justice of the Peace, and that the signature annexed is his genuine signature.
No payments can be made on account of the services of any person, who may have died before the taking effect of the act of June 7, 1832; and in case of death subsequent thereto, and before the declaration herein required is made, the parties interested will transmit such evidence as they can procure, taken and authenticated before a Court of Record, showing the services of the deceased, the period of his death, the opinion of the neighborhood respecting such services, the title of the claimant, and the opinion of the Court upon the whole matter.
[a] The declarant must appear in open Court, unless prevented from doing so by reason of bodily infirmity; in which case the declarant will follow the rule laid down for his guidance.
[b] The declarant must make his declaration in the county where he resides. If he should fail to do so, he must assign a sufficient reason for not conforming to the rule.
[c] The age of the claimant must invariably be mentioned.
[d] The declarant must mention the period or periods of the war when he served.
[e] Every continental officer or soldier must give the name of the Colonel under whom he served; otherwise a satisfactory examination of the claim cannot be had. Every claimant must state, with precision, the length of his service, and the different grades in which he served, in language so definite as to enable the Department to determine to what amount of pension he is entitled. In a case where the applicant cannot, by reason of the loss of memory, state precisely how long he served, he should amend his declaration by making an affidavit in the following words:
"Personally appeared before me, the undersigned, a Justice of the Peace, &c. A. B. who, being duly sworn, deposeth and saith, that, by reason of old age, and the consequent loss of memory, he cannot swear positively as to the precise length of his service; but, according to the best of his recollection, he served not less than the periods mentioned below, and in the following grades:—For _____ year _____ months, and _____ days, I served as a _____. For _____ months and _____ days, I served as a _____; and for such service I claim a pension."
It is important, in all cases, to determine with precision the period for which each applicant served, and the particular rank he held, as the law directs the pension to be paid according to the grade of the pensioner and the length of his service. The use of the phrase about three or four months , is too indefinite, and all such qualifying expressions are objectionable. Some persons who apply for pensions merely state that they served two years in the militia, &c. without specifying the tours, the names of the officers, and other particulars respecting their service. This form of a declaration is highly objectionable. It must, in every case, be clearly shown under what officers the applicant served; the duration of each term of engagement; the particular place or places where the service was performed; that the applicant served with an embodied corps called into service by competent authority; that he was either in the field or in garrison; and for the time during which the service was performed, he was not employed in any civil pursuit.
[f] The law makes the relinquishment indispensable.
[g] The opinion of the Court is always required.
[h] The Clerk must give his certificate in every case.
[i] The Clerk must affix his seal, and if it has no device or inscription by which it can be distinguished from any other seal, or if he has no public seal of office, the certificate of a Member of Congress, proving the official character and signature of the certifying officer, should accompany the papers.
Mode of authenticating papers.
In every instance where the certificate of the certifying officer who authenticates the papers is not written on the same sheet of paper which contains the affidavit, or other papers authenticated, the certificate must be attached thereto by a piece of tape or narrow ribbon, the ends of which must pass under the seal of office of the certifying officer, so as to prevent any paper from being improperly attached to the certificate.
Proof of Service.
[j] In a case where the name of the applicant is not found on the records of the Department, he must prove his service by two credible witnesses who are required to set forth in their affidavits the time of the claimant's entering the service, and the time and manner of his leaving the same, as well as the regiment, company, and line to which he belonged. The magistrate who may administer the oaths must certify to the credibility of the witnesses, and the official character and signature of the magistrate must be certified by the proper officer, under his seal of office.
[k] The notes from [a] to [i] are all equally applicable to the cases of Militia men, Volunteers and State Troops. The proof required by rule in note [j] applies to continental troops only.
[l] This traditional evidence is indispensable in militia cases.
[m] If a witness cannot be found, the declarant must state the fact.
[n] The answers to the interrogatories must all be written, and sent to the War Department, with the declaration.

New York 28.759
Peter Failing
Schenectady in the State of New York who was a Private in the Comp y commanded by Captain Fisher of the Reg t commanded by Col _____ in the New York for 6 months 14 days
Enscribed on the Roll of New York the rate of 21 Dollars 54 Cents per annum, commence on the 4th day of March, 1834.
Certificate of Pension issued the 18 th day of June 1834 and sent to Stephen A. Daggett Schenectady N.Y.
arrears to the 4th of March '34 $ 64.62 semi-annual allowance ending Sep r 4 '34 10.77
$ 75.39
{ Revolutionary Claim, } { Act June 7, 1832. }
Recorded by book
Sam l H. Page
Clerk,
Vol. 4
Page 101

Rochester September 6. 1850 Mr Willis G. Ward Dear Sir
I have taken the liberty to Enclose a few lines to you Concerning my Father's Pension he has Received a small Pension for a Great many years the amount he draws is twenty one Dollars & fifty four Cents a year Commence drawing in June 1832 I now will Give you a Copy Copy of my Father's Certificate
War Department Revolutionary Claim
I Certify that in conformity with the law of the United States of the 7 th June 1832 Peter Hailing of the State of New York Who was a Private in the Revolutionary Army
Is Entitled to receive Twenty one Dollars and fifty four Cents per Annum During his natural life Commencing on the 4 th of March 1831 and payable semi annually semi annually on the 4 th of March and 4 th of September in Every year
Given at the War office of the United States this 10 th Day of June one thousand Eight hundred and thirty four
Examined and Countersigned
Lewis Cass Secretary of War
J. L. Edwards Commissioner of Pensions
Peter Hailing Pres. C.M.N. 32
W.H. 23-252

Payments to be made at New York by Prest. Michs Bank Agent for Paying Pension ers in the Agency of
New York
Mr. Sterling Rochester NY P 1221- 16 unth. Haley H. H.
Recorded in the Pension office in Book E Page 101 by
James H. Page
Clerk
28,759
Dear Sir i have Given you the whole number of words as they are in the certificate my father has lived with me over twenty years he is about 86 years old he lives with me in rochester you will pleas Examin this and wright me an answer soon
Yours with Respect Rochester Atwater St N o 28 William Failing

Reorgan
9860 INVALID.
cancel
File No. 9860
Peter Lailing
Priv. Rev. war
Act: June 7 th 1832.
Index:—Vol. 1 , Page 120
[Arrangement of 1870.]

Inverness Peter Sterling 1824
PAID
Hon. J. L. Edwards Commr. of Pensions War Department Washington City.
1824 June 5

Inverness Peter Sterling Esq.
1834
Hon. J. L. Edwards Commr. of Pensions War Department Washington City.

Schenectady June 6. 1834.
Sir
Enclosed are the Pension papers of Peter Tinkler who has endeavoured to explain the reason of his services in those instances exceeding the usual length of the service and I hope it may be satisfactory. But if not then in his behalf I solicit a Pension for the time he would be entitled to computing those two terms at 21 days each instead of 1 1/2 month each. As he is very poor he will be very grateful to the Government for such reward for his Revolutionary services as the Hon. War Department may please to allow him.
I am Sir Your Obedt Servant.
Stephen H. Daggett
Hon. J. L. Edwards.
42 30 ) 152 ( 5 1.12 150 T.18